Full Text of SB0202 99th General Assembly
SB0202sam001 99TH GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 4/17/2015
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| 1 | | AMENDMENT TO SENATE BILL 202
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 202 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Accelerated Resolution Court Act. | 6 | | Section 5. Accelerated Resolution Court pilot program. The | 7 | | Accelerated Resolution Court pilot program is hereby created in | 8 | | Cook County. Under this pilot program, the Cook County Sheriff | 9 | | or his or her designee, acting in his or her official capacity | 10 | | as Director of the Cook County Department of Corrections, may | 11 | | refer eligible defendants to the Accelerated Resolution Court | 12 | | provided that notice is given to the prosecuting State's | 13 | | Attorney, the defendant's counsel of record, and the Presiding | 14 | | Judge of the Criminal Division of the Circuit Court of Cook | 15 | | County. |
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| 1 | | Section 10. Eligibility. | 2 | | (a) To be eligible for the program the defendant must be: | 3 | | (1) in the custody of the Cook County Department of | 4 | | Corrections 72 hours after bond has been set;
| 5 | | (2) unable to post bond or ineligible to be placed on | 6 | | electronic monitoring due to homelessness or a lack of a | 7 | | sufficient host site approved by the Sheriff; and | 8 | | (3) charged with: | 9 | | (A) retail theft of property the full retail value | 10 | | of which does not exceed $300 under Section 16-25 of | 11 | | the Criminal Code of 2012; | 12 | | (B) criminal trespass to real property under | 13 | | Section 21-3 of the Criminal Code of 2012; or | 14 | | (C) criminal trespass to State supported land | 15 | | under Section 21-5 of the Criminal Code of 2012. | 16 | | (b) A defendant shall be excluded from the program if the | 17 | | defendant has been convicted of a crime of violence in the past | 18 | | 10 years excluding incarceration time, specifically first | 19 | | degree murder, second degree murder, predatory criminal sexual | 20 | | assault of a child, aggravated criminal sexual assault, | 21 | | criminal sexual assault, armed robbery, aggravated arson, | 22 | | arson, aggravated kidnaping, kidnapping, aggravated battery | 23 | | resulting in great bodily harm or permanent disability, | 24 | | aggravated stalking, stalking, or any offense involving the | 25 | | discharge of a firearm.
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| 1 | | Section 15. Procedure.
| 2 | | (a) Once referred to the Accelerated Resolution Court by | 3 | | the Cook County Sheriff or his or her designee, notice shall be | 4 | | given by the Sheriff to the prosecuting State's Attorney, the | 5 | | defendant's counsel of record, and the Presiding Judge of the | 6 | | Criminal Division of the Circuit Court of Cook County. Any | 7 | | referred case shall be adjudicated within 30 days. | 8 | | (b) If a case within the Accelerated Resolution Court is | 9 | | not resolved within 30 days of referral, then the defendant | 10 | | shall be released from custody on his or her own recognizance | 11 | | provided the defendant agrees to the terms and conditions of | 12 | | release provided by the court pending adjudication of the | 13 | | charge. | 14 | | (c)
Nothing in this Act shall be construed as prohibiting a | 15 | | defendant from requesting a continuance. Any continuance | 16 | | granted on behalf of the defendant shall toll the 30-day | 17 | | requirement of this Act. Lack of participation by the victim or | 18 | | other continuances required on behalf of the State do not toll | 19 | | the 30-day requirement of this Act. | 20 | | (d) If a person is released on his or her own recognizance, | 21 | | the conditions of the release shall be that he or she shall: | 22 | | (1) appear to answer the charge in the court having | 23 | | jurisdiction on a day certain and thereafter ordered by the | 24 | | court until discharged or final order of the court; | 25 | | (2) submit himself or herself to the orders and process | 26 | | of the court; |
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| 1 | | (3) not depart this State without leave of the court; | 2 | | (4) not violate any criminal statute of any | 3 | | jurisdiction; | 4 | | (5) at a time and place designated by the court, | 5 | | surrender all firearms in his or her possession to a law | 6 | | enforcement officer as required under paragraph (5) of | 7 | | subsection (a) of Section 110-10 of the Code of Criminal | 8 | | Procedure of 1963; and
| 9 | | (6) file written notice with the clerk of the court | 10 | | before which the proceeding is pending of any change in his | 11 | | or her address within 24 hours after the change. The | 12 | | address of a defendant who has been released on his or her | 13 | | own recognizance shall at all times remain a matter of | 14 | | public record with the clerk of the court. | 15 | | (e) The Court may impose other conditions, such as the | 16 | | following, if the court finds that the conditions are | 17 | | reasonably necessary to assure the defendant's appearance in | 18 | | court, protect the public from the defendant, or prevent the | 19 | | defendant's unlawful interference with the orderly | 20 | | administration of justice: | 21 | | (1) refrain from going to certain described | 22 | | geographical areas or premises; | 23 | | (2) refrain from engaging in certain activities or | 24 | | indulging in intoxicating liquors or in certain drugs; | 25 | | (3) undergo treatment for drug addiction or | 26 | | alcoholism; |
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| 1 | | (4) attend or reside in a facility designated by the | 2 | | court; or | 3 | | (5) other reasonable conditions as the court may | 4 | | impose. | 5 | | (f) A failure to appear as required by the recognizance | 6 | | shall constitute an offense subject to the penalty provided in | 7 | | Section 32-10 of the Criminal Code of 2012 for violation of | 8 | | bail bond. | 9 | | (g) The State may appeal any order permitting release by | 10 | | personal recognizance.
| 11 | | Section 20. Repeal. This Act is repealed on June 30, 2017.
| 12 | | Section 99. Effective date. This Act takes effect July 1, | 13 | | 2015.".
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